Registrar vs Smt. Api Dangua And Others
2021 Latest Caselaw 9353 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.A. No.470 of 2021

            Registrar, Odisha University of            ....          Appellants
            Agriculture and Technology,
            Bhubaneswar and another
                                                     Mr. Avijit Pal, Advocate
                                     -versus-
            Smt. Api Dangua and others                  ....      Respondents
                                                    Mr. S. Mohanty, Advocate
                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE B. P. ROUTRAY
                                        ORDER

07.09.2021 Order No.

05. 1. In this writ appeal, the Appellants challenge the order dated 26th February, 2021 passed by the learned Single Judge in Writ Petition (Civil) No.20311 of 2020 directing the Appellants to regularize the services of the Respondents in the light of the judgment in Secretary State of Karnataka and Others vs. Umadevi (3) and Others, (2006) 4 SACC 1 and State of Karnataka and Others vs. M.L. Kesari and Others, (2010) 9 SCC 247.

2. Notice. Mr. S. Mohanty, learned Advocate accepts notice on behalf of Respondents.

3. Mr. A. Pal, learned counsel for the Appellants points out that the impugned order was passed on the very first date of listing of the writ petition and was disposed of without notice being issued

to the Appellants herein. Accordingly, there was no occasion for the Appellants to even file a counter affidavit after verifying the factual averments in the petition. Mr. Pal points out that the writ petition was disposed of by simply following an earlier order of learned Single Judge of similar nature which too was passed on the very first date. He further points out that in some of the petitions even the correct Department of the Government was not impleaded as party.

4. Mr. Mohanty, learned counsel appearing for the Respondents does not dispute that the writ petition was disposed of on the very first date of listing without notice to the Appellants and without any opportunity to them to file a counter affidavit.

5. On the above short ground, this Court is of the view that the impugned order should be set aside and the matter remanded to the learned Single Judge for a fresh disposal on merits after completion of pleadings.

6. Accordingly, the with the consent of learned counsel for the Respondents, the impugned order dated 26th February, 2021 passed by the learned Single Judge in Writ Petition (Civil) No.20311 of 2020 is hereby set aside with the following directions:

(i) Writ Petition (Civil) No.20311 of 2020 is restored to the file of the learned Single Judge and shall be listed before the learned Single Judge for directions on 1st November, 2021. Counter affidavit of the present Appellant be filed by 25th October, 2021

and rejoinder thereto if any be filed by 1st November, 2021. No further adjournments shall be granted for that purpose.

(ii) The learned Single Judge is requested to endeavour to dispose of the writ petition on merits as expeditiously as possible and not later than four months thereafter.

(iii) Till the disposal of the writ petition, the status quo as to the services of the Respondents shall be maintained.

7. The writ appeal is disposed of in the above terms.

8. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge

B.K. Barik